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Category Archives: Construction

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Brightwater Lawsuit

Posted in Construction

On Monday, April 19, King County filed a $74 million default termination suit against one of its Brightwater contractors and its surety. A copy of the complaint is available here.  Download file

One Policy Limit or More? Division 1 Interprets Anti-Stacking Clause

Posted in Construction

Here is Division 1’s most recent analysis on the arcane but important issue of how many policy limits are available in a situation where a carrier issues multiple year-to-year CGL policies and the insured becomes legally obligated to pay for damage that occurs over those multiple year but results from the same continuous or repeated cause… Continue Reading

Construction Humor

Posted in Construction

We missed April 1 this year, and vow not to do so in future.  To make up for that omission, in the "what were they thinking" department:  http://blog.miragestudio7.com/wp-content/uploads2/2007/09/construction_errors_error_mistake_slope_steep.jpg  We’d be curious to know how this ended up, if anyone knows.

AGC Posts Upcoming Projects Resource

Posted in Construction

Following our post about the drop in construction spending, it is nice to note that the AGC has posted a nifty resource (called "Where’s the Work") to help track current and upcoming public works projects.  The website can be accessed here:  http://www.agcwa.com/NewsandInfo/WherestheWork/

Construction Spending Dismal

Posted in Construction

It will come as no shock to most that construction spending is at its lowest since 2002.  http://www.djc.com/news/co/12016545.html?cgi=yes

Construction-Related Legislation Signed by Governor

Posted in Construction

Governor Gregoire has signed several bills expanding the subpoena authority of various state agencies.  The new powers are intended to enable the agencies to investigate the underground economy, SHB 2789 (http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/Session%20Law%202010/2789-S.SL.pdf), and for the Dept. of Labor & Industries to enforce RCW 19.28 (electricians and electrical installations), SHB 2555 (http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/Session%20Law%202010/2555-S.SL.pdf).  Both bills are effective June 10, 2010.

Architectural Demand Improves Modestly

Posted in Construction

The American Institute of Architects reports that architectural billings — an indicator of future construction work — have improved, but not by much. http://www.aia.org/press/releases/AIAB082556

Who Gives the Implied Warranty of Habitability?

Posted in Construction

In a recent but unpublished opinion, the Court of Appeals reversed summary judgment in favor of a builder and remanded for further proceedings a residential buyer’s claims that the builder had breached the implied warranty of habitability.  The decision contains a useful discussion of the implied warranty.  The decision, Haas v. Kartashev, can be accessed… Continue Reading

AGC Perspective on 2010 Legislature

Posted in Construction

The Washington Associated General Contractors reports on the state of the 2010 Legislative session.  http://www.agcwa.com/index.php/ListingItem/1381  The budget and taxes take center stage in the Special Session begun March 15, including a proposed three-year increase in the sales tax of 0.3%.

Bullitt Foundation Announces Ultimate Green Building

Posted in Construction

The Bullitt Foundation announced plans to build a six-story structure at 15th Avenue and East Madison Street in Seattle, to be known as the Cascadia Center for Sustainable Design and Construction, that will house the Foundation’s headquarters and serve as a showplace for cutting-edge green engineering and architecture.  http://seattletimes.nwsource.com/html/businesstechnology/2011354845_bullitt16.html

I.C.C. Releases Green Construction Code

Posted in Construction

The International Code Council on Monday will release the International Green Construction Code, Public Version 1.0 (IGCC).  The IGCC incorporates ANSI/ASHRAE/USGBC/IES Standard 189.1, Standard for the Design of High Performance, Green Buildings Except Low-Rise Residential Buildings, as an alternate path of compliance. The IGCC is intended as an overlay to complement existing codes.  More information… Continue Reading

Supreme Court Holds Condo Defect Claims Subject to Arbitration

Posted in Construction

In an important decision, on December 24, 2009, the Washington Supreme Court held that claims under the Washington Condominium Act (WCA) are subject to arbitration despite provisions in the Act requiring judicial resolution of claims where condominium owners agree to arbitrate disputes in their purchase and sale agreements. The case is Satomi Owners Ass’n v. Satomi,… Continue Reading

City and County Governments Authorize Permit Extensions for Active Development Projects

Posted in Construction, Land Use

This post is authored by:  Clayton Graham & Thomas Goeltz Landowners and developers in Washington state should be aware of a spate of recent legislation aimed at prolonging the life of active land development permits. Developers who request these extensions in a timely manner could effectively extend the life of their development approvals—including certain building… Continue Reading

Parties In Privity May Sue in Tort Over Construction Defects

Posted in Construction

Last month’s Oregon Appellate Court decision clarifies that parties in privity with one another MAY sue in tort for construction defects. Previously, the law seemed relatively straight forward: Unless parties are in a “special relationship” (eg, physician-client; engineer-client), parties in contract with one another generally may not bring a separate cause of action in tort for construction defects.  Jones v. Emerald Pacific… Continue Reading

Court Rejects $8.75 Million “Stipulated” Judgment as Unreasonable

Posted in Construction

While the opinion is long, you will be rewarded if you take the time to read this recent ruling from Division 2 invalidating an $8.75 million "stipulated judgment" as unreasonable.  The litigation involved allegations of defective work at a condo development.  Various coverage counsel for the the target builder entered into what the Court refers to as a "joint venture"… Continue Reading

Northwest Hub

Posted in Construction

Congrats to the Buck Law Group and its affiliated partners on the recent launch of Northwest Hub, an excellent online newspaper for the land use, real estate and environmental community.

Specific Height Restriction Limits Approval Authority of Architectural Review Committee

Posted in Construction

In a dispute relating to the height of a residential addition, the Division Three Court of Appeals has provided additional guidance on when specific building restrictions in community covenants (CCRs) might limit the authority of an architectural approval committee. In Mack v. Armstrong, the court heard a challenge to a trial court order requiring the… Continue Reading

Oregon False Claims Act Becomes Law

Posted in Construction

A couple of weeks ago I blogged about the Oregon False Claims Act,  a bill that made its way through the house and the senate and was on its way to the governor’s desk for signature. The large number of inquiries I have received about the bill speaks volumes about the impact this law will have on contsruction… Continue Reading

No Damages For Delay Provisions

Posted in Construction

Are No Damages for Delay Provisions enforceable in Oregon?  That depends (favorite lawyer’s response, but true)… In summary, these provisions are: enforceable on private projects unenforceable in public procurement prime contracts probably enforceable (but TBD) in public procurement subcontracts In essence, these provisions limit a contractor’s remedy in the event of a delay to a time… Continue Reading